DOES RESIDING WITH FLAT OWNER MAKE ONE AN EXCLUSIVE HEIR?
My mother and brother were staying in a flat at Khar, Mumbai. My mother has expired last year, who has neither nominated anyone for this flat nor has left any will. The flat is in her name and my brother's name, who is forcing me to sign the papers for exclusive rights of the flat in his name. I have to stake the claim on the flat, being the eldest son of my parents. Can he sell the flat without my consent? What is my legal right as the legal heir of my late parents?
–Sunder Shahani
You are one of the Class-I legal heirs of your parents along with your brother, if no other legal heir has been left by them, you are entitled for half of the share in the property left by your parents. Your brother, by simply residing with your mother, will not have the exclusive right to the ownership of the flat, unless you relinquish your 50% title and interest therein by way of duly registered relinquishment deed or a gift deed. If you want to stake the claim of your share in the flat, you should not sign any papers for the transfer of the right, title and interest in the name of your brother and you should lodge your claim with the society and serve a notice to it not to transfer the flat in the name of your brother or anyone else without your prior written consent.
My mother and brother were staying in a flat at Khar, Mumbai. My mother has expired last year, who has neither nominated anyone for this flat nor has left any will. The flat is in her name and my brother's name, who is forcing me to sign the papers for exclusive rights of the flat in his name. I have to stake the claim on the flat, being the eldest son of my parents. Can he sell the flat without my consent? What is my legal right as the legal heir of my late parents?
–Sunder Shahani
You are one of the Class-I legal heirs of your parents along with your brother, if no other legal heir has been left by them, you are entitled for half of the share in the property left by your parents. Your brother, by simply residing with your mother, will not have the exclusive right to the ownership of the flat, unless you relinquish your 50% title and interest therein by way of duly registered relinquishment deed or a gift deed. If you want to stake the claim of your share in the flat, you should not sign any papers for the transfer of the right, title and interest in the name of your brother and you should lodge your claim with the society and serve a notice to it not to transfer the flat in the name of your brother or anyone else without your prior written consent.
'There cannot be any discrimination among members'
In the AGM a resolution has been passed debarring me to park my personal car in the compound of the society, as I am a shop owner member, failing which a penalty of Rs.1000 will be charged. Is this resolution discriminatory?
–F. Sayani
Any resolution passed by even the general body, which is contrary to the provisions of bye laws of society, MCS Act and the Rules or the Government Notifications are not legally valid and binding on the members. There cannot be any discrimination amongst the members on the basis of the ownership of the flats or shops. The parking spaces have to be allotted by the society, as per the provisions of model bye-law No.78 to 85.
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